BIRENDRA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal under Section 374(2) Cr.P.C. has been filed by convict appellant Birendra Tiwari against judgment and order dated 27.3.2008 passed by Special Judge (SC/ST Act), Fatehpur, in Special Sessions Trial No. 11 of 1999 (arising out of Case Crime No. 156 of 1996, u/s 323, 504, 506 I.P.C. and 3(1)(x) SC/ST Act, P.S. Khaga, District Fatehpur) whereby convict appellant Birendra Tiwari has been convicted for offences punishable u/s 323, 504 I.P.C. and 3(1)(x) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and has been sentenced with three months rigorous imprisonment for offence punishable u/s 323 I.P.C., three months rigorous imprisonment for offence punishable u/s 504 I.P.C. and six months rigorous imprisonment with fine of Rs. 1000/- and in case of default in payment of fine one and half months additional imprisonment for offence punishable u/s 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. All the sentences were directed to run concurrently.

(2.) Heard Sri Kaushal Kishore Mishra, learned counsel for appellant, and Sri Ajit Ray, learned AGA for the State and perused the lower court's record.

(3.) The impugned judgment and order of conviction and sentence has been assailed on the ground that the trial court failed to appreciate the facts and law placed before it. Neither conviction nor acquittal for offence punishable u/s 506 I.P.C. was there in the judgment. There was no evidence on record to prove the charges levelled against the appellant but a severe sentence, as above, was passed against the evidence on record, hence this appeal for setting aside the impugned judgment and sentence made therein.